Personal Injury Litigation

The law allows individuals to seek damages for wrongdoings caused by others. These damages can be physical, mental and reputational.

While many personal injury cases settle out of court however, sometimes a lawsuit is necessary. It can help you gain an understanding of the financial loss and ensure that you receive the right amount of compensation for your injuries.

Damages

After an accident, a plaintiff can make a personal injury claim in the event that another party is responsible for the accident. The lawsuit seeks to recover damages for both economic and non-economic damages.

There are two types of damages that are general and special. Personal injuries can cause special damages that are quantifiable like medical expenses or loss of earnings. General damages however are more difficult to quantify and may include suffering, pain loss of consortium or emotional distress.

Consider Driver 1 inflicting a minor car accident and Driver 2 suffering from an uncommon condition that was caused by the crash. This will require extensive treatment and cause severe discomfort. Although the injuries suffered by Driver 2 weren't typical, the defendant could be held liable for both general (compensation for suffering or pain) as well as special (specific medical bills).

Certain kinds of damages may be difficult to prove since they don't have an intrinsic dollar value. Damages for pain and suffering, for example, are subjective. They can vary from mental anguish to physical pain.

However, if you have evidence of your injuries (e.g. doctors' notes photographs and videos) your injuries will be verified. If your injuries prevent you from working again you can claim loss of earning capacity.

Many people start their legal quest for compensation by making a claim to the at-fault or liable party's insurance company. This allows claimants to present their case to the insurer and demand the coverage of damages, which can be made into a settlement based on the liable party's policy.

A lawyer can assist you estimate the value of your losses and negotiate an equitable settlement. If the insurance company refuses to negotiate with good faith, or if there is a unique situation that requires a trial your attorney can start a lawsuit and pursue punitive damages against the liable party.

Punitive damages are designed to punish the liable party for their actions and personal injury litigation discourage them from repeating their actions in the future. They are only available in certain kinds of personal injury cases. You must prove that the defendant's actions were with recklessness and malice.

Statute of Limitations

Every state has statutes of limitation which set deadlines for filing lawsuits. These deadlines are applicable to personal injury cases regardless of whether you were involved in a car crash.

These deadlines are crucial because they could mean the difference between winning your case or losing it. If you take too long to submit your claim, the judge could refuse to hear your case, and you'll lose your chances of obtaining the compensation you deserve.

In most personal injury cases, the statute of limitations in New York is three years. The time limit may be extended in certain instances.

The statute of limitations in New York is also different for claims against local government entities such as the City of New York Department of Sanitation, the New York Parks Department, or the New York City Transit Authority. In these cases you have only six months to submit an intent notice to bring a lawsuit.

In certain situations, like exposure to harmful substances or medical negligence the statute of limitations will not start to run until you discover or discovered the injury. In other circumstances such as when the victim is minor, the limitation period could be tolled until they reach their majority, which means they are able to file suit once they reach the age of 18 or more.

So, let's suppose you have been working with vibrating tools for many years and now are suffering from carpal tunnel syndrome. This serious injury can cause substantial financial losses and medical expenses.

You bring the problem to your supervisor and inform him that the vibrations are causing your pain and an numbness. He promises to address it. Three years later, your doctor tells you that you suffer from lung disease caused by asbestos.

Your lawyer can assist you in determining when the statute of limitations begins and ends based on your particular facts and circumstances. They can also help you determine if you are subject to any exceptions that might prolong or impede the timeframe to file your personal injury compensation injury claim.

Negotiations

Settlement negotiations for personal injuries can be a complicated procedure, but they can also be dealt with quickly and efficiently with the assistance of an experienced personal injury attorney. During the negotiation , your lawyer will attempt to ensure that you receive the full value of your injuries.

The value of your claim will vary from case case, and is based on a number of factors. The extent of your injuries as well as medical expenses, personal injury litigation loss of income and other aspects will all be considered. Your doctor might be able to provide an estimated impairment rating which can aid in determining the amount of compensation you will receive.

Your lawyer will draft a demand note at the beginning of personal injury litigation. The demand letter should detail the facts of the case and request an agreement. The letter should be sent with supporting documentation like medical records or physician reports.

A few weeks after you've sent your letter, an insurance adjuster will reach out to you. The insurance adjuster will contact you for details about your claim. They might also ask you to be interviewed.

Your lawyer will then investigate the incident to determine who was liable and how severe your injuries are. They will also gather pertinent evidence, such as accident reports and the records of police officers who attended the scene of the accident.

These issues can be discussed with an insurance company representative by your lawyer during the negotiation process. Your lawyer could receive a low counteroffer from the insurance company. You can then accept the amount or demand an increase.

After you've accepted the initial offer the lawyer and you will continue to negotiate until you reach a final settlement. Negotiations may last for several months or even longer depending on the nature of the matter and the strategies used to negotiate by both sides.

You can look into alternative dispute resolution techniques such as arbitration and mediation if you are unable or unwilling to resolve your dispute swiftly. These procedures are usually quicker and less expensive than a trial, but they aren't always possible. In addition, they do not always result in the best results for you.

Trial

In personal injury case injury litigation the plaintiff files a lawsuit against a defendant over their negligence. If the defendant is found liable for the plaintiff's injuries, they can get compensation. Usually the amount awarded is determined by the extent of the injuries and how the injuries have affected the plaintiff's life.

Your lawyer will conduct an investigation to determine who was at fault and what caused your injuries. They will also work with experts to gather evidence to support your case.

Your personal injury lawyer will determine who might be responsible for your injuries. This includes insurance companies, people as well as businesses.

They will collaborate with medical professionals in assessing the severity of your injuries, and record them. They will also assess the cost of treatment and decide the value of your damages.

At this point, your lawyer may contact the insurer of the defendant to determine if they will accept a fair price or pursue the lawsuit to trial. The lawsuit will then enter the discovery phase.

The discovery process involves gathering information from both parties using various legal tools, like Bills of Particulars Demands for Admissions, Interrogatories, and Requests for Production of Documents.

This is the most critical phase of any personal injury lawsuit. The discovery phase typically is at least one year.

After your lawyer has gathered sufficient evidence and has crafted an adequate case the time has come to go to trial. The trial can be held in a courtroom, or at an administrative hearing.

A jury or judge will decide whether the defendant is responsible for your injuries, and if they should be liable for damages. In addition to deciding the winner, a judge or jury can award punitive damages, which are additional damages for the defendant's misconduct.

Your lawyer will present evidence during the trial that shows the medical and financial loss you suffered and how it has affected your life. This will ensure you receive the highest amount of compensation that you can get in your case.